Harris v. Heckler

597 F. Supp. 961, 1984 U.S. Dist. LEXIS 23003, 8 Soc. Serv. Rev. 395
CourtDistrict Court, N.D. California
DecidedOctober 4, 1984
DocketNo. C-84-0002 SC
StatusPublished
Cited by1 cases

This text of 597 F. Supp. 961 (Harris v. Heckler) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Heckler, 597 F. Supp. 961, 1984 U.S. Dist. LEXIS 23003, 8 Soc. Serv. Rev. 395 (N.D. Cal. 1984).

Opinion

ORDER RE MOTIONS FOR SUMMARY JUDGMENT AND REMAND .

CONTI, District Judge.

Plaintiff brings this action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to obtain judicial review of a final decision of the Secretary of Health and Human Services (“Secretary”) denying his claim for disability insurance benefits. The Secretary’s findings must be supported [962]*962by substantial evidence and the Secretary must have applied the proper legal standards in denying plaintiffs claims. Delgado v. Heckler, 772 F.2d 570, 572 (9th Cir.1983).

The term “disability” is defined by section 223(d)(1)(A) of the Social Security Act as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment” lasting at least one year. 42 U.S.C. § 423(d)(1)(A). The impairment must be “of such severity that [the claimant] is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” 42 U.S.C. § 423(d)(2)(A). The claimant has the initial burden of establishing that he is unable to do his previous work, but once the claimant has made such a showing the burden shifts to the Secretary to show that there is other substantial gainful activity that the claimant can perform. Bonilla v. Secretary of HEW, 671 F.2d 1245, 1246 (9th Cir.1982). Under certain “medical-vocational guidelines” (“grids”) promulgated by the Secretary, see Appendix 2 of Sub-part P, 20 C.F.R. § 404.1501 et seq., a claimant will be found capable of “other substantial gainful employment” if he meets certain age, educational, skill and exertional requirements.

Plaintiff applied for disability insurance benefits on December 15, 1981, alleging August 18, 1976, as the date he became disabled to the point that he could no longer work. The application was denied initially, and plaintiff filed for reconsideration. The request for reconsideration was subsequently denied, and plaintiff then filed a request for a hearing. The hearing was held before an AU on March 14, 1983. In a decision dated June 28, 1983, the AU concluded that plaintiff was not under a disability as defined by the Social Security Act. Plaintiff requested review of the decision by the AU. On November 4, 1983, the Appeals Council affirmed the AU’s decision and the decision then became the final decision of the Secretary. Plaintiff filed his complaint with the court in timely fashion on January 3, 1984 seeking judicial review pursuant to 42 U.S.C. § 405(g).

Plaintiff has twice previously applied for and been denied disability insurance benefits after administrative hearings. He did not seek judicial review in either case. Plaintiff first applied on March 30, 1977, and that application was denied on May 8, 1979. He then applied again on February 7, 1980, and that application was denied on July 20, 1981.

Plaintiff was born on May 28, 1927. He last worked as a San Francisco “Muni” bus driver in August, 1976, when he was taken off work and placed on disability pension because of his diabetes mellitus and chest pain. Plaintiff began working this job on July 1,1957. He previously worked for the U.S. Postal Service from January, 1955 until June 30, 1957 as a truck driver. Plaintiff served in the U.S. Army from August, 1952 until July, 1954 as an automobile maintenance mechanic. Plaintiff has completed the eleventh grade of high school. Other than attending auto mechanic maintenance school in the Army, he has no other special job training or vocational schooling.

Plaintiffs medical difficulties began in May, 1976 when he was diagnosed as having diabetes mellitus. In 1976 he reported experiencing dizziness, blurred vision, double vision, and ringing in his ears (tinnitus). At a VA hospital in 1977, plaintiff was diagnosed as having hypertension and possibly angina, and he was prescribed medicine, including nitroglycerin, dramamine, and valium.

On February 26, 1979, Dr. Robert A. Blau stated of plaintiff that:

Mr. Harris is totally disabled to perform gainful employment. He has diagnoses of hypertension, chronic atherosclerotic heart disease with coronary insufficiency, diabetes mellitus which is not controlled and labyrinthine disease, bilateral, possible secondary to atherosclerois producing lightheadedness, dizziness and in-coordination. Obviously, Mr. Harris is [963]*963an individual who has a myriad of medical problems most of which are on-going and will inter-relate adversely with one another. This particularly relates to the hypertension and diabetes which will undoubtedly contribute to further progression of the coronary atherosclerosis and ischemia, and also to continuing problems with balance and coordination. Emotional stress, which he would experience in a job situation, would most probably adversely effect his hypertension, angina, diabetes and the dizziness which he continues to experience.

Plaintiffs current treating physician, Dr. Gerald Charles, diagnosed plaintiffs impairments in March, 1983 to include the following: hypertension; diabetes mellitus; arteriosclerotic heart disease; headaches variously diagnosed as tension, migraine, cluster or facial neuralgia; jaw pain; tinnitus; and abnormality of eye movement.

In April, 1983 plaintiff underwent a psychiatric examination. Dr. Joseph Karis diagnosed plaintiffs emotional condition as including psychological factors affecting his physical condition, a moderate and chronic dysthymic disorder, and a passive-aggressive personality disorder.

Plaintiff had surgery in June, 1982 for colon polyps. In July, 1982 he underwent a hemicolectomy on a portion of his right colon. Plaintiff suffers from irregular bowel movements, and experiences swelling in his rectum if he sits or stands for 20 to 30 minutes.

At his hearing before the AU in this action, plaintiff testified that his diabetes is “up and down” and that he feels “bad” all of the time. Plaintiff stated that he conducts a sugar test of his urine every morning. He testified that he suffers from mild headaches practically every day, and that he has “attacks” two or three times a month when he must go to bed. Plaintiff further stated that he gets dizzy, loses his balance, and has blurred vision.

Plaintiff also indicated that he gets chest and back pain when he tries to clean up around the yard. He stated that he walks for exercise every day, but that he gets chest and back pain if he walks for too long or has to carry packages. Plaintiff further testified that he suffers from shortness of breath along with his chest pain, and that he takes nitroglycerin tablets for the chest pain.

The AU in this action determined that plaintiff was not disabled by finding that plaintiff had the residual functional capacity to perform light work as defined in 20 C.F.R.

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Bluebook (online)
597 F. Supp. 961, 1984 U.S. Dist. LEXIS 23003, 8 Soc. Serv. Rev. 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-heckler-cand-1984.